Construction defects are among the main causes of legal disputes in Brazilian construction, and the sector's response begins with technical qualifications. The Constructive Deficiencies and Post-Construction Guarantees Project, from the Brazilian Chamber of the Construction Industry (CBIC), won the support of the São Paulo Court of Justice (TJSP) to carry out a training course in engineering expertise. The training will be developed by the Escola Judicial dos Servidores (EJUS), with a planned partnership with the Brazilian Institute of Engineering Assessments and Expertise (IBAPE).
What are constructive defects and why expertise is decisive
A construction defect is any defect that compromises the quality, safety or habitability of a building, from poorly resolved infiltration to a structural crack that puts the property at risk. NBR 15575, a building performance standard, establishes warranty periods and technical criteria that serve as a reference in disputes between developers, construction companies and buyers. When the problem turns into legal action, the expert report is usually the piece that defines the outcome.
The expert's work requires in-depth knowledge of materials, construction techniques and technical standards. A well-founded report reduces processing time, avoids repeated examinations and provides predictability to the parties. Therefore, the training of professionals in this area is of direct interest to engineers, architects and companies that work with post-construction guarantees.
- Apparent defects: identified upon delivery of the property, such as damaged cladding or defective frames.
- Hidden defects: arise with use, such as infiltrations and waterproofing problems.
- Redibitory defects: compromise the use of the property and may lead to termination of the contract.
- Engineering expertise: technical analysis that identifies the cause, extent and responsibility for the defect.
What will the training course be like with TJSP
The São Paulo Court of Justice officially announced the acceptance of the proposal presented by the CBIC project to carry out the course. The training will be developed by the Escola Judicial dos Servidores (EJUS), with a planned partnership with the Brazilian Institute of Engineering Assessments and Expertise (IBAPE). Coordination between CBIC and the institute has already begun, which indicates that the content will have a strong technical basis and alignment with forensic practice.
For Leonardo Romeo, coordinator of the CBIC Project – Constructive Deficiencies and Post-Construction Guarantees, the reception demonstrates that institutional dialogue with the courts produces concrete results. “The initiative is to promote a permanent institutional dialogue with courts across the country, taking the technical perspective of civil construction and contributing to the improvement of judicial provision”, he stated.
The partnership with IBAPE is strategic: the institute brings together years of experience in engineering assessments and expertise and helps to design content that goes beyond theory. In practice, participants must learn to structure reports, collect evidence in the field, interpret performance reports and dialogue with judges and parties involved. This type of training reduces procedural errors and gives more technical credibility to the conclusions presented in court.
- Target audience: engineers, architects and professionals who work in assessments and expertise.
- Format: training course with support from EJUS and IBAPE.
- Objective: standardize the technical quality of reports in cases of construction defects.
- Alcance: modelo pensado para ser replicado em diálogo com tribunais de todo o país.
What changes for engineers and construction companies
Training in expertise is part of a larger movement: bringing civil construction closer to the Justice system to reduce conflicts and improve the technical quality of demands. For engineers and architects, the opportunity is twofold, both to act as experts and to better understand how to protect themselves contractually. For construction companies, it means more legal certainty in deliveries and post-work guarantees.
CBIC invites companies in the sector to participate in the Constructive Deficiencies and Post-Construction Guarantees Project and contribute to the advancement of discussions on legal security and technical quality in civil construction. Those who work with projects and technical documentation can check the tools available on CanalVIP catalog, with software for engineering and architecture. Follow the blog for new updates on the topic.